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David practices mainly in landlord and tenant, general common law and commercial litigation. Additionally, David has experience in personal Injury and professional Liability. He has extensive experience as an advocate in the county court, the High Court and the Court of Appeal. He is qualified to accept instructions directly from the public.
Please call 020 7353 6802 or complete the form below:
Suffolk Coastal District Council v Simpson (7thMay 2019) QBD, McGowan J
Appeared for the respondent in the committal application for non-compliance with two mandatory injunctions requiring compliance with planning enforcement orders. An interesting aspect of the proceedings was the involvement Mr Stuart Hardwicke Carruthers who, for a number of years, acted as the respondent’s planning agent. On 26thApril 2016, the Attorney General secured a Civil Proceedings Order under section 42 Senior Courts Act 1981 against Mr Carruthers. However, notwithstanding Mr Carruthers being subject to a Civil Proceedings Order, which also prevents him from acting as a McKenzie Friend, he was free to continue acting as a planning agent and, in that capacity, advised and represented the respondent in his planning disputes with the applicants.
Wells v Devani  UKSC 4.
Successful appeal to the Supreme Court from the Court of Appeal on the issue of whether Mr Devani, an estate agent, and Mr Wells, a vendor, had reached a complete and enforceable agreement despite there being no express identification of the event which would trigger the obligation to pay the commission. The second issue, raised by Mr Wells, on his cross appeal, was whether, by reason of Mr Devani’s failure to comply with the requirements imposed by section 18 of the Estate Agents Act 1979, the trial judge ought to have dismissed the claim or discharged Mr Wells’ liability to pay the commission.
In unanimously allowing Mr Devani’s appeal and dismissing Mr Wells’ cross-appeal, the Supreme Court decided that, when assessed objectively, the parties had, by word and conduct, entered into an agreement the natural meaning of which was that Mr Wells agreed to pay Mr Devani a commission of 2% plus VAT on the sale price if Mr Devani found a purchaser for the flats which Mr Wells was wanting to sell. Mr Devani found a purchaser who completed the purchase and thus earned his commission. On the second issue, the trial judge had correctly approached the question of whether to permit Mr Devani to enforce the agreement and, notwithstanding some criticisms by the Court of Appeal as to the weight attached to various factors, the Court of Appeal had been correct not to interfere with the evaluative judgment of the trial judge to permit enforcement subject to a deduction to reflect the degree of prejudice suffered by Mr Wells.
David Giles was counsel in the Court of Appeal. Mr Devani engaged David as sole counsel to apply to the Supreme Court for permission to appeal and a continued stay on the Court of Appeal’s Order. David identified the points of law of general public importance, prepared the Notice of Appeal and drafted Grounds of Appeal. David advised Mr Devani on and oversaw his compliance with the Supreme Court’s rules. David was instructed to contest Mr Wells’ Notice of Objection and application for security for costs. On 6 November 2017, the Supreme Court granted Mr Devani unconditional permission to appeal.
Andrew Warnock QC was retained as leading counsel in early 2018. David worked with Andrew to prepare the Statement of Facts and Issues, the Chronology and the Appellant’s Case. David supervised the preparation of the bundles for the Supreme Court including the Appendix and electronic bundle. Andrew Warnock QC appeared as leading counsel at the hearing of the appeal with David as first junior and Laura Giachardi second junior.
Latify v Alumyar  EWHC 3053 (Ch)
The High Court refused to remove charity trustees who were managing a Mosque and Afghan cultural centre in Willesden, north London which was run as an unincorporated association with charitable objects and was a registered charity.
Imran Garrib v Palwontee and Bank of Scotland (2017) PROPERTY CHAMBER, LAND REGISTRATION, FIRST-TIER TRIBUNAL, CASE NUMBER /2016/0515
The case concerned rectification of the proprietorship register due to an allegedly fraudulent transfer of a house and whether a charge in favour of the bank should also be removed as a consequence of the original mistake. The case raised issues concerning the equitable remedy of subrogation and the scope of the Tribunal’s powers to correct the consequences of a mistake.
Kovarska v Otkritie International Investment Management Ltd & Ors  EWCA Civ 1485
The Court of Appeal set aside an extension of time for appealing. The order had been granted without a hearing. It was held that the Court had power to set aside an order made in these circumstances. On the facts of this case there was no doubt that it was appropriate for the order to be set aside.
Accident Exchange Ltd v Broom & Others  EWHC 1530 (Admin) – Administration of justice; Insurance; Civil evidence; Sentencing
Accident Exchange Ltd v Broom & Others  EWHC 1096 (Admin) – Administration of justice; Insurance; Road traffic; Civil evidence
Onuegbu v Okeke  EWHC 3500 (QB) – Civil procedure; Applications; Fraud; Jurisdiction; Setting aside; Stay of proceedings
Newmafruit Farms Limited v Pither  EWHC 2205 (QB) – Loans; Regulated agreements; Summary judgments
Nextam Partners Ltd v Mughal; Queen’s Bench Division, 07 March 2016 – Sentencing; Administration of justice, Breach of injunction; Committal for contempt; Contempt of court
Nextam Partners Ltd v Mughal  EWHC 367 (QB) – Breach of injunction; Committal for contempt; Contempt of court; Disclosure
Accident Exchange Ltd v George-Broom (Divisional Court)  EWHC 2205 (Admin) – Admissibility; Contempt of court; Delay; Dishonesty; Expert evidence; Public interest; Striking out
Edwards v Kumarasamy – (23rd September 2013) HHJ May QC, County Court at Central London – Common parts; Disrepair; Flats; Footpaths; Notice; Repair covenants; Shorthold tenancies; Sub-tenancies
Potts v Densely  EWHC 1144 (QB) – Deposits; Landlords’ duties; Shorthold tenancies; Tenancy deposit schemes; Time limits
Horth v Thompson  EWHC 1674 (QB) – Conditional fee agreements; Costs; Costs between parties; Personal injury claims
Floyd v S  EWHC 906 (QB) – Civil procedure; Legal advice and funding; Administration of justice
S v Floyd  EWCA Civ 201 – Disability discrimination; Disabled persons; Mental capacity; Possession claims; Rent arrears
Lancecrest v Asiwaju  EWCA Civ 117 – Business tenancies; Interpretation; Notices; Rent reviews; Time limits; Time of the essence; Validity of notice
Other notable cases include:
Khokhar v Health Professions Council  EWHC 2484 (Admin) – Competence; Fitness to practise; Health Professions Council; Professional performance
Addo v The Law Society CA (2004) – Appeal to Master of the Rolls against solicitors’ disciplinary proceedings decision
IBS Technologies v APM Technologies – (Chancery Division) 07 April 2003 – Intellectual property, Computer industry; Infringement; Interim injunctions
Royal Pharmaceutical Society v Hassan (2002) – Disciplinary proceedings against pharmacists for illegal sale of prescription only drugs
Watchtower v Payne  EWCA Civ 1159 – Civil procedure; Real property; Consumer law; Arrears; Consumer credit agreements; Credit; Mortgages
Chaagan lal Dattani v Trio Supermarkets Ltd  I.C.R. 872 – Employment; Industrial tribunals; Res judicata; Settlement
Vexatious Litigants and Civil Restraint Orders: Wildy Simmons & Hill (2013)
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